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The legal position of employees' in cross-border transfers of undertakings in the EU: A question of jurisdiction and choice of law

Article Abstract:

The manner of application of the European Court (EC) Transfer of Undertaking Directive to cross-border transfers of undertakings in the European Union (EU) is analyzed. The analysis indicates that, in principle, the Directive is applicable to such transfers and it is expected to contribute to a structure for handling legal disputes involving cross-border transfers of undertakings.

Author: Malmberg, Jonas
Publisher: Aspen Publishers, Inc.
Publication Name: International Journal of Comparative Labour Law and Industrial Relations
Subject: Law
ISSN: 0952-617X
Year: 2006
Government expenditures, Switzerland, Norway, Iceland, Interpretation and construction, Acquisitions and mergers, Economic policy, Conflict of laws

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The transfer of undertakings and the importance of taking over personnel-A vicious circle

Article Abstract:

The impact of outsourcing on employee transfers and retention is discussed. The European Court of Justice has changed the principles of transfers so as to protect employees against negative consequences of the undertaking in which they are employed.

Author: Beltzer, Ronald M.
Publisher: Aspen Publishers, Inc.
Publication Name: International Journal of Comparative Labour Law and Industrial Relations
Subject: Law
ISSN: 0952-617X
Year: 2007
Europe, Public affairs, Social aspects, Economic aspects, Employee retention, Outsourcing, Employee transfers

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The transfer of undertakings: striking a balance between individual workers' rights and business needs

Article Abstract:

Impact of EU legal framework on transfer of undertakings especially on employment contracts and worker's rights is examined. Impact in countries like the U.K., Italy and Germany are studied.

Author: Santoro-Passarelli, Giuseppe
Publisher: Aspen Publishers, Inc.
Publication Name: International Journal of Comparative Labour Law and Industrial Relations
Subject: Law
ISSN: 0952-617X
Year: 2007
United Kingdom, Italy, Germany, Influence, Labor contracts, Employee rights, Labour contracts

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Subjects list: Laws, regulations and rules, Government regulation, European Union
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